R. v. Bhujel

Parties

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

1. 1 Whether s.14 Charter right to an interpreter was breached during the reading of reasons for judgment
2. 2 Whether the breach affected vital interests requiring a new hearing or other remedial relief under s.24(1)
3. 3 Whether prejudice beyond the breach was established

Ratio Decidendi

There was a limited breach of s.14 during the final four paragraphs of the oral reasons, but the appellant failed to show prejudice beyond the breach and the trial otherwise complied with interpretation standards; therefore the conviction stood and the appropriate remedy was to have the missed portions translated into Nepali and provided to the accused rather than ordering a new trial.

Court Disposition

Conviction upheld; Charter s.14 breach found limited to portions of the reasons for judgment; remedial translation ordered

Orders

• Order that the last four paragraphs of the provincial court judge's reasons for judgment be translated into Nepali and provided to Mr. Bhujel
• No new trial ordered